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JSA confusion.
- Claudia
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6 years 9 months ago #193170 by Claudia
JSA confusion. was created by Claudia
Hi. This is going to be a long post as I want to get every detail down.
My partner lost his claim for Esa in June and was told to write a letter for Mandatory reconsideration on the decision but would have to claim Jsa for the time being. We had an interview for Jsa however my partner was not able to claim Jsa due to the severity of his mental health but they said to put the claim in my name meaning i would be main claimant. However I explained that I am his carer and look after him 24 hours a day, 7 days a week, 365 days a year as well as having two children aged 3 and 1 so looking for work would not be possible but they still put the application in. Went back two days later, this time with me as main claimant but had a different person so had to explain everything again. The reason I cant work or even look for work is due to me looking after two children and my partner who has severe Anxiety and Depression which is so bad he doesn't leave the house for months, I have to have all medication under lock and key as he has previously tried overdosing himself on numerous occasions and even attempted self harm. He has had no medical help since 2013 which is when he last went to the doctors over his depression when they gave him anti depressants which he then tried overdosing on a few weeks later. He only trusts his family and a few close friends (All live in different Cities), he loves his kids to pieces and has said on quite a few occasions when hes been really down and depressed that them and me are the only people worth living for, I can leave him alone or alone and with the children as long as its no longer that 1 hour max as he will start to get anxious but i do not do this very often. Back to Jsa. Theyve still put me on Jsa despite me telling them all this however they now expect me to look for work which i cannot do. I went to go sign on last Monday and explained why I had not been looking for work but they still were not bothered however they told me to continue I did not go yesterday as I had a stress induced Asthma Attack as well as well as an Anxiety attack I did try to ring them to explain why I had not turned up but couldn't get through. Ive rang Benefits advice this morning and explained everything as Im so lost on what to do but she said I could request an Urgent decision on my partners Esa Mandatory reconsideration (Its a joint claim where we also get a disability premium as Im his carer but do not receive Carers allowance as hes on ESA) and and should have a decision by the end of this week but also mentioned that if it gets turned down he could appeal it but then went on to mention something called PIP. So now Im so confused on what to do! I would just also like to mention that Jsa have not paid anything into my account as well so for the past 4 weeks we've being living off our child benefit. I dont know what to do anymore! x
My partner lost his claim for Esa in June and was told to write a letter for Mandatory reconsideration on the decision but would have to claim Jsa for the time being. We had an interview for Jsa however my partner was not able to claim Jsa due to the severity of his mental health but they said to put the claim in my name meaning i would be main claimant. However I explained that I am his carer and look after him 24 hours a day, 7 days a week, 365 days a year as well as having two children aged 3 and 1 so looking for work would not be possible but they still put the application in. Went back two days later, this time with me as main claimant but had a different person so had to explain everything again. The reason I cant work or even look for work is due to me looking after two children and my partner who has severe Anxiety and Depression which is so bad he doesn't leave the house for months, I have to have all medication under lock and key as he has previously tried overdosing himself on numerous occasions and even attempted self harm. He has had no medical help since 2013 which is when he last went to the doctors over his depression when they gave him anti depressants which he then tried overdosing on a few weeks later. He only trusts his family and a few close friends (All live in different Cities), he loves his kids to pieces and has said on quite a few occasions when hes been really down and depressed that them and me are the only people worth living for, I can leave him alone or alone and with the children as long as its no longer that 1 hour max as he will start to get anxious but i do not do this very often. Back to Jsa. Theyve still put me on Jsa despite me telling them all this however they now expect me to look for work which i cannot do. I went to go sign on last Monday and explained why I had not been looking for work but they still were not bothered however they told me to continue I did not go yesterday as I had a stress induced Asthma Attack as well as well as an Anxiety attack I did try to ring them to explain why I had not turned up but couldn't get through. Ive rang Benefits advice this morning and explained everything as Im so lost on what to do but she said I could request an Urgent decision on my partners Esa Mandatory reconsideration (Its a joint claim where we also get a disability premium as Im his carer but do not receive Carers allowance as hes on ESA) and and should have a decision by the end of this week but also mentioned that if it gets turned down he could appeal it but then went on to mention something called PIP. So now Im so confused on what to do! I would just also like to mention that Jsa have not paid anything into my account as well so for the past 4 weeks we've being living off our child benefit. I dont know what to do anymore! x
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- Gordon
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6 years 9 months ago #193174 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic JSA confusion.
Claudia
It sounds as if the JC+ have tried to help you as a couple by putting you on JSA rather then your husband, but the bottom line is that you cannot be made to claim JSA, so you need to decide whether your household needs the money or not.
If not then close the JSA claim, but if you do then you need to comply with the Claimant commitment that they would have had to sign as part of your claim or you risk your JSA being sanctioned which negates the point of you claiming.
If your JSA has not been paid then you need to chase the DWP about this.
Does your husband claim DLA or PIP, if they have a DLA MRC or HRC award or a PIP Daily Living award, then you can claim Carers Allowance, although this will be deducted from your husband's ESA claim (if reinstated), but he will also receive a Carers Premium giving you a net gain.
Gordon
It sounds as if the JC+ have tried to help you as a couple by putting you on JSA rather then your husband, but the bottom line is that you cannot be made to claim JSA, so you need to decide whether your household needs the money or not.
If not then close the JSA claim, but if you do then you need to comply with the Claimant commitment that they would have had to sign as part of your claim or you risk your JSA being sanctioned which negates the point of you claiming.
If your JSA has not been paid then you need to chase the DWP about this.
Does your husband claim DLA or PIP, if they have a DLA MRC or HRC award or a PIP Daily Living award, then you can claim Carers Allowance, although this will be deducted from your husband's ESA claim (if reinstated), but he will also receive a Carers Premium giving you a net gain.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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